The European Commission has presented a draft regulation to facilitate the work of transport companies in the wake of the coronavirus pandemic.
Below we present the provisions of the draft regulation for the sector of road cargo transport:
1. Extension of the time limits provided for in Directive 2003/59/EC
- a) The time limits for completion of the periodic training which, in accordance with the provisions thereof, expired between 1 March 2020 and 31 August 2020 shall be deemed to have been extended by six months. The same will apply to certificates of professional competence.
- b) The validity of the marking of harmonised EU code “95” made out by the competent authorities on either a driving licence or a driver qualification card on the basis of certificates of professional competence shall be deemed to have been renewed for six months from the date indicated on each such driving licence or card.
- c) The validity of driver qualification cards which expire between 1 March 2020 and 31 August 2020 shall be extended for six months from the administrative date of validity indicated on each such card.
2. Extension of the time limits provided for in Directive 2006/126/EC
- a) The validity of a driving licence which, in accordance with those provisions, expires between 1 March 2020 and 31 August 2020 shall be deemed to have been renewed for six months from the date indicated on such licence.
3. Extension of time limits provided for in Regulation (EU) No 165/2014
- a) Regular tachograph inspections, which had to be carried out between 1 March 2020 and 31 August 2020, shall be carried out no later than six months after the date on which they were due.
- b) Where a driver applies for the renewal of their driver card between 1 March 2020 and 31 August 2020, the competent authorities shall provide a new card no later than 2 months after that application.
- c) Where a driver applies for the replacement of their driver card between 1 March 2020 and 31 August 2020, the competent authorities shall provide a replacement card no later than 2 months after that application.
Moreover, the driver may continue driving until receiving a new card, provided that he can prove that the card was returned to the competent authority because it was damaged or malfunctioning and that its replacement was requested.
4. Extension of the time limits provided for in Directive 2014/45/EU
- a) The time limits for vehicle roadworthiness tests that would have to be carried out between 1 March 2020 and 31 August 2020 shall be deemed to be extended by six months.
- b) The validity of vehicle roadworthiness certificates with an expiry date between 1 March 2020 and 31 August 2020 shall be considered to be extended for six months.
5. Extension of time limits provided for in Regulation (EC) No 1071/2009
- a) Where the assessments carried out from 1 March 2020 to 31 December 2020 shows that the undertaking does not comply with the requirement relating to its financial situation (i.e. it has been found to be financially incapable – editorial note), it has twelve months to prove to the competent authority that it is again compliant with this requirement.
6. Extension of time limits provided for in Regulation (EC) No 1072/2009
- a) The validity of Community licences which expire between 1 March 2020 and 31 August 2020 shall be deemed to have been extended for six months.
- b) The validity of driver attestations which expire between 1 March 2020 and 31 August 2020 shall be deemed to have been extended for six months.
Work on the regulation is ongoing. Once adopted and published, it will be directly applicable in each Member State.
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